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KEBERADAAN REGULASI DESAIN INDUSTRI BERKAITAN DENGAN PERLINDUNGAN HUKUM ATAS KARYA DESAIN DI BALI

Dr. Ni Ketut Supasti Dharmawan, S.H.,M.Hum.,LLM., NI KETUT SUPASTI DHARMAWAN (2008) KEBERADAAN REGULASI DESAIN INDUSTRI BERKAITAN DENGAN PERLINDUNGAN HUKUM ATAS KARYA DESAIN DI BALI. KERTHA PATRIKA, 33 No.. ISSN 0215-899X

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Abstract

Effectiveness of Industrial Design registration provision based on Act No. 31, 2000 concerning Industrial Design in Bali has not been fully enforced. It was caused by some factors such as: lack of understanding of Industrial Design in societies and some of them do not know the existence of this regulation which regulate the first file system, some societies who has not developed the need to have laws on Industrial Design as well as the presence of communal cultures of the Indonesian people, which is completely different from the basic concept of individual right protection of IPR, which based on legal cultures of west countries have contributed to the difficulties in fully implementing IPR. The other factors caused by lack of awareness Industrial Design protection both the substance and the existence of this provision among law enforcers and the inadequate infrastructure required to administer IPR.. The concept protection of Industrial Design protect designer / owner or recipient of the right who register their right based on first to file system. Through this system the designer would have an exclusive rights in the form of economic and moral right. The legal consequence of the inefficiency in enforcing article 10 jo article 12 of the Act No. 31 of 2000 concerning Industrial Design , which regulate first to file, might result in the failure of the designer to secure their right over their designs, whereas the legal protection shall be go to the person who registers and have evident in form of certificate registration.

Item Type: Article
Uncontrolled Keywords: The provision of Industrial Design, law enforcement of Industrial Design, legal protection of Industrial Design, the legal conscience of first to file system
Subjects: L Education > L Education (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Education
Depositing User: Mr. Repository Admin
Date Deposited: 07 Jun 2016 21:58
Last Modified: 21 Jun 2016 05:58
URI: http://erepo.unud.ac.id/id/eprint/8033

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